Utah Admin. Code R539-1-8 - State Funded Budget Portion for Non-Waiver Services

(1) The state funded portion shall be calculated based on the Centers for Medicare and Medicaid Services Federal Medical Assistance Percentage.
(2) The division shall use the federal matching shares for Medicaid as updated periodically in the Federal Register by the U.S. Department of Health and Human Services under the authority of 42 U.S.C. 1396b (2024).
(3) The division shall reduce a person's overall funding to include only the state match rate for any of the following reasons:
(a) a person declines waiver enrollment but is determined eligible for an HCBS waiver by the Department of Workforce Services;
(b) a person is determined ineligible for a HCBS waiver by the Department of Workforce Services; or
(c) a person meets the programmatic eligibility for an HCBS waiver but fails to apply for a determination of Medicaid financial eligibility within 30 days of an offer for waiver enrollment.
(4) A person who receives a non-waiver service may have their non-waiver service package reduced or terminated because of:
(a) a division budget shortfall;
(b) a reduced legislative allocation; or
(c) a reevaluation of eligibility.

Notes

Utah Admin. Code R539-1-8
Amended by Utah State Bulletin Number 2016-22, effective 10/25/2016 Amended by Utah State Bulletin Number 2017-22, effective 10/23/2017 Amended by Utah State Bulletin Number 2020-08, effective 4/8/2020 Amended by Utah State Bulletin Number 2020-22, effective 11/9/2020 Amended by Utah State Bulletin Number 2022-05, effective 2/22/2022 Adopted by Utah State Bulletin Number 2025-06, effective 3/3/2025

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